WASHINGTON STATE REGISTER

WSR 07-17-103

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-176 -- Filed August 17, 2007, 9:02 a.m. , effective August 17, 2007, 9:02 a.m. ]

Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending 220-47-001, 220-47-302, 220-47-310, 220-47-311, 220-47-325, 220-47-401, and 220-47-411.

Statutory Authority for Adoption: RCW 77.12.047.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The department is in the process of adopting permanent rules, and these emergency rules are interim until permanent rules take effect. Rules for Areas 10 and 11 have been removed due to an objection to expedited rule making for those areas.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 7, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 16, 2007.

Phil Anderson

for Jeff Koenings

Director

NEW SECTION
WAC 220-47-00100A Puget Sound salmon -- Quick reporting. All Puget Sound salmon fisheries are designated as "quick reporting required" fisheries, and commercial purchasers and receivers must comply with the provisions of WAC 220-69-2406(12).

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NEW SECTION
WAC 220-47-30200B Puget Sound -- Lawful gear -- Gill net. (1) It is unlawful to use drift gill net salmon gear in Puget Sound that exceeds 1,800 feet in length or contains meshes of a size less than 5 inches, except in Area 9A, where gill nets may not exceed 600 feet in length, or be more than 60 mesh deep, or contain mesh size less than 5 inches.

(2) It is unlawful to use skiff gill net salmon nets in Puget Sound that exceed 300 feet in length or 90 meshes in depth, or that contain meshes of a size less than 5 inches, except in Area 9A, where gill nets may not exceed 600 feet in length, or be more than 60 meshes deep, or contain mesh size less than 5 inches. It is unlawful to retrieve skiff gill nets by any means except by hand (no hydraulics may be used). It is unlawful to fail to attend to skiff gill nets at all times.

(3) Drift gill nets and skiff gill nets shall be operated substantially in a straight line. It is unlawful to set such nets in a circle or to set them in other than a substantially straight line.

(4) It is unlawful to take or fish for salmon with gill net gear in Areas 7 or 7A sockeye or pink salmon fisheries unless said gill net gear is constructed so that the first 20 meshes below the cork line are composed of five-inch mesh, white opaque, minimum 210/30d (#12) diameter, nylon twine.

(5) It is unlawful to take or fish for salmon with gill net gear in Areas 7 or 7A between the dates of September 30 and October 20 unless the gill net vessel has aboard and uses operable recovery boxes as described in this subsection.

(a) Dimensions and capacities of required recovery boxes:

(i) Recovery boxes must have two chambers, if one box, or one chamber in each box, if two boxes.

(ii) Each recovery box chamber must have an inside length measurement of 48 inches, an inside width measurement of 10 inches, and an inside height measurement of 16 inches.

(iii) Each chamber of the recovery box must have an inlet hole measuring between 3/4 inch and 1 inch in diameter. The inlet hole must be centered horizontally across the door or wall of the chamber, and the bottom of the hole must be located 1-3/4 inches above the floor of the chamber.

(iv) Each chamber of the recovery box must include a water outlet hole on the opposite wall from the inlet hole, and the outlet hole must be at least 1-1/2 inches in diameter, with the bottom of the outlet hole located 12 inches above the floor of the chamber.

(v) Flow of water through each chamber of the recovery boxes must be not less than 16 gallons per minute, nor more than 20 gallons per minute.

(b) Each box and chamber must be operating during any time that the net is being retrieved or picked.

(c) The vessel operator must demonstrate to department employees, upon request, that the pumping system is delivering the proper volume of fresh seawater into each chamber.

(d) All salmon not to be retained must be released immediately with care and with the least possible injury to the fish, or placed into the operating recovery box.

(e) Any fish that is bleeding or lethargic must be placed in the recovery box prior to being released.

(f) All fish placed in the recovery boxes must be released within the same catch area as the area of capture, and the release must occur prior to landing or docking.

(6) It is unlawful to fish for salmon with gill net gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department-issued certification card.

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NEW SECTION
WAC 220-47-31000A Puget Sound net seasons -- Time. During the openings provided for in this chapter, all times stated are Pacific Standard Time from January 1 through the second Saturday in March and from the first Sunday in November through December 31; and all times stated are Pacific Daylight Time from the second Sunday in March to the first Saturday in November.

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NEW SECTION
WAC 220-47-31100M Purse seine -- Open periods. It is unlawful to take, fish for, or possess salmon taken with purse seine gear for commercial purposes from Puget Sound, except in the following designated Puget Sound Salmon Management and Catch Reporting Areas and during the periods provided for in each respective Management and Catch Reporting Area:

AREA TIME DATE

7, 7A: 7AM - 7PM with use of recovery box; 7AM - 4:00PM without use of recovery box 10/12

7AM - 6PM with use of recovery box; 7AM - 3:15PM without use of recovery box 10/17, 10/18, 10/19, 10/22, 10/23, 10/24, 10/25, 10/26, 10/29, 10/30, 10/31, 11/1, 11/2

7AM - 5PM with use of recovery box;
7AM - 2:30PM without use of recovery box
11/5, 11/6, 11/7, 11/8, 11/9, 11/12, 11/13, 11/14, 11/15, 11/16

7B, 7C: 6AM - 8PM 8/22, 8/29, 9/5

7B: 7AM - 8PM - 9/12

7AM - 7PM - 9/17, 9/18, 9/19

7AM 9/23 - 6PM 11/3

7AM 11/5 - 4PM 11/9

7AM 11/12 - 4PM 11/16

7AM 11/19 - 4PM 11/23

7AM 11/26 - 4PM 11/30

8AM 12/3 - 4PM 12/7

Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to purse seines beginning at 12:01 a.m. on the last Monday in October and until 4:00 p.m. on the first Friday in December.

8: 7AM - 5PM 11/6

7AM - 5PM 11/13

7AM - 5PM 11/20

7AM - 4PM 11/27

8A: 7AM - 7PM Limited participation - two boats (10/1, 10/8).

7AM - 6PM 10/15, 10/22, 10/30, 11/1

7AM - 5PM 11/7, 11/12, 11/14, 11/20

7AM - 4PM 11/26, 11/28

8D: 7AM - 7PM 9/24, 10/1, 10/8

7AM - 6PM 10/15, 10/22, 10/30, 11/1

7AM - 5PM 11/7, 11/12, 11/14, 11/20

7AM - 4PM 11/26, 11/28

12, 12B: 7AM - 6PM 10/22, 10/29, 10/31

7AM - 5PM 11/5, 11/12, 11/19

12C: 7AM - 5PM 11/13, 11/20

7AM - 4PM 11/27

It is unlawful to retain the following salmon species taken with purse seine gear within the following areas during the following periods:

Chinook salmon - at all times in Areas 7, 7A, 8, 8A, 8D, 10, 11, 12, 12B, and 12C, and after October 27 in Area 7B.

Coho salmon - at all times in Areas 7, 7A, 10, and 11, and prior to September 9 in Area 7B.

Chum salmon - prior to September 30 in Areas 7 and 7A.

All other saltwater and freshwater areas - closed.

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NEW SECTION
WAC 220-47-32500B Purse seine -- Release of incidentally caught fish. (1) It is unlawful for any purse seine vessel operator landing salmon to do so directly into the hold. All salmon must be landed onto the deck or sorting tray or table of the harvesting vessel, with the hold hatch cover(s) closed, until the release of salmon that may not be retained is complete; and additionally:

(2) In Areas 7 and 7A and prior to September 16 in Areas 7B and 7C, it is unlawful for any purse seine vessel operator to bring salmon aboard a vessel unless all salmon captured in the seine net are removed from the seine net using a brailer or dip net meeting the specifications in this section prior to the seine net being removed from the water, unless otherwise provided for in this section.

(3) The brailer shall be constructed in the following manner and with the following specifications:

(a) A bag of web hung on a rigid hoop attached to a handle;

(b) The bag shall be opened by releasing a line running through rings attached to the bottom of the bag; and

(c) The web shall be of soft knotless construction, and the mesh size may not exceed 57 mm (2.25 inches) measured along two contiguous sides of a single mesh.

(4) Hand-held dip nets shall be constructed of a shallow bag of soft, knotless web attached to a handle.

(5) Fish may be brought on board without using a brailer or dip net as specified in this section if the number of fish in the net is small enough that the crew can hand-pull the bunt onto the vessel without the use of hydraulic or mechanical assistance.

(6) Fishers using a recovery box must have and operate the box in compliance with the provisions of WAC 220-47-302 (5)(a) through (f), and it is unlawful to fail to do so.

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NEW SECTION
WAC 220-47-40100B Reef net open periods. (1) It is unlawful to take, fish for, or possess salmon taken with reef net gear for commercial purposes in Puget Sound, except in the following designated Puget Sound Salmon Management and Catch Reporting Areas, during the periods provided for in each respective area:

AREA TIME - DATE(S)

7, 7A 7AM - 7PM Daily 9/16 - 11/17

(2) It is unlawful to retain Chinook salmon taken with reef net gear at all times, and it is unlawful to retain chum or wild coho salmon taken with reef net gear prior to September 30.

(3) All other saltwater and freshwater areas - closed.

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NEW SECTION
WAC 220-47-41100N Gill net -- Open periods. It is unlawful to take, fish for, or possess salmon taken with gill net gear for commercial purposes from Puget Sound, except in the following designated Puget Sound Salmon Management and Catch Reporting Areas, during the seasons provided for in each respective fishing area:

AREA TIME DATE(S) MINIMUM MESH

6D: Skiff gill net only. 7 AM - 7 PM 9/24, 9/25, 9/26, 9/27, 9/28, 10/1, 10/2, 10/3, 10/4, 10/5, 10/8, 10/9, 10/10, 10/11, 10/12, 10/15, 10/16, 10/17, 10/18, 10/19, 10/22, 10/23, 10/24, 10/25, 10/26 5"

Note: In Area 6D, it is unlawful to use other than 5-inch minimum and 5 1/2-inch maximum mesh in the skiff gill net fishery. It is unlawful to retain Chinook taken in Area 6D at any time, or any chum salmon taken in Area 6D prior to October 16. In Area 6D, any Chinook or chum salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.

7, 7A: Noon - Midnight; Use of recovery box required 10/12, 10/17, 10/18, 10/19 6 1/4"

Noon - Midnight 10/22, 10/23, 10/24, 10/25, 10/26, 10/29, 10/30, 10/31, 11/1, 11/2, 11/5, 11/6, 11/7, 11/8, 11/9, 11/12, 11/13, 11/14, 11/15, 11/16 6 1/4"

Note: In Areas 7 and 7A after September 30 but prior to October 20, coho and Chinook salmon must be released, and it is unlawful to use a net soak time of more than 45 minutes. Net soak time is defined as the time elapsed from when the first of the gill net web enters the water, until the gill net is fully retrieved from the water. Fishers must also use a recovery box in compliance with WAC 220-47-302 (5)(a) through (f).

7B/7C: 7PM - 7AM NIGHTLY 8/20, 8/26, 8/28, 8/30, 9/3, 9/4, 9/6 7"

7PM - 8AM NIGHTLY 9/9, 9/11, 9/13 5"

7B: 6PM - 8AM NIGHTLY 9/16, 9/18, 9/21 5"

7AM 9/23 - 8PM 10/27 5"

7AM 10/28 - 8PM 11/3 6 1/4"

7AM 11/5 - 4PM 11/9 6 1/4"

7AM 11/12 - 4PM 11/16 6 1/4"

7AM 11/19 - 4PM 11/23 6 1/4"

7AM 11/26 - 4PM 11/30 6 1/4"

8AM 12/3 - 4PM 12/7 6 1/4"

Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to gill nets using 6 1/4-inch minimum mesh beginning 12:01 AM on the last day in October and until 6:00 PM on the first Friday in December.

8: 7AM - 7PM 11/5, 11/7, 11/9, 11/12, 11/14, 11/16, 11/19, 11/21, 11/23 6 1/4"

7AM - 6PM 11/26, 11/28, 11/30 6 1/4"

8A: 6PM - 8AM NIGHTLY 10/9 5"

7AM - 8PM 10/16, 10/18, 10/19 5"

8AM - 8PM 10/23, 10/25, 10/26, 10/29, 10/31, 11/2 6 1/4"

7AM - 7PM 11/6, 11/8, 11/9, 11/13, 11/15, 11/16, 11/21, 11/22, 11/23 6 1/4"

7AM - 6PM 11/27, 11/29, 11/30 6 1/4"

8D: 6PM - 8AM NIGHTLY 9/23, 9/25, 9/27, 9/30, 10/2, 10/4, 10/7, 10/9, 10/11 5"

7AM -
8PM 10/18, 10/19 5"

8AM - 8PM 10/25, 10/26, 11/1, 11/2 5"

7AM - 7PM 11/8, 11/9 5"

7AM - 7PM 11/15, 11/16, 11/21, 11/23 6 1/4"

7AM - 6PM 11/29, 11/30 6 1/4"

9A: 7PM - 7AM NIGHTLY 8/28, 8/30 5"

6AM 9/26 - 7PM 11/3 5"

Note: It is unlawful to retain chum salmon taken in Area 9A prior to October 1, and it is unlawful to retain Chinook salmon at any time. Any salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.

12A: Skiff gill net only. 7AM - 7PM 9/4, 9/11, 9/18, 9/25, 10/2 5"

Note: In Area 12A, it is unlawful to use other than 5-inch minimum and 5 1/2-inch maximum mesh in the skiff gill net fishery. It is unlawful to retain Chinook or chum salmon taken in Area 12A at any time, and any salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.

12, 12B: 8AM - 8PM 10/24, 10/25, 10/30, 11/1, 11/2 6 1/4"

7AM - 7PM 11/7, 11/8, 11/14, 11/15, 11/20 6 1/4"

12C: 7AM - 7PM 11/13, 11/15, 11/20, 11/22 6 1/4"

7AM - 6PM 11/26, 11/27 6 1/4"

All other saltwater and freshwater areas - closed.

Nightly openings refer to the start date.

Within an area or areas, a mesh size restriction remains in effect from the first date indicated until a mesh size change is shown, and the new mesh size restriction remains in effect until changed.

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AREA	TIME		DATE
7, 7A:	7AM - 7PM with use of recovery box; 7AM - 4:00PM without use of recovery box		10/12
	7AM - 6PM with use of recovery box; 7AM - 3:15PM without use of recovery box		10/17, 10/18, 10/19, 10/22, 10/23, 10/24, 10/25, 10/26, 10/29, 10/30, 10/31, 11/1, 11/2
	7AM - 5PM with use of recovery box; 7AM - 2:30PM without use of recovery box		11/5, 11/6, 11/7, 11/8, 11/9, 11/12, 11/13, 11/14, 11/15, 11/16
7B, 7C:	6AM - 8PM		8/22, 8/29, 9/5
7B:	7AM - 8PM	-	9/12
	7AM - 7PM	-	9/17, 9/18, 9/19
	7AM 9/23	-	6PM 11/3
	7AM 11/5	-	4PM 11/9
	7AM 11/12	-	4PM 11/16
	7AM 11/19	-	4PM 11/23
	7AM 11/26	-	4PM 11/30
	8AM 12/3	-	4PM 12/7
Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to purse seines beginning at 12:01 a.m. on the last Monday in October and until 4:00 p.m. on the first Friday in December.
8:	7AM - 5PM		11/6
	7AM - 5PM		11/13
	7AM - 5PM		11/20
	7AM - 4PM		11/27
8A:	7AM - 7PM		Limited participation - two boats (10/1, 10/8).
	7AM - 6PM		10/15, 10/22, 10/30, 11/1
	7AM - 5PM		11/7, 11/12, 11/14, 11/20
	7AM - 4PM		11/26, 11/28
8D:	7AM - 7PM		9/24, 10/1, 10/8
	7AM - 6PM		10/15, 10/22, 10/30, 11/1
	7AM - 5PM		11/7, 11/12, 11/14, 11/20
	7AM - 4PM		11/26, 11/28
12, 12B:	7AM - 6PM		10/22, 10/29, 10/31
	7AM - 5PM		11/5, 11/12, 11/19
12C:	7AM - 5PM		11/13, 11/20
	7AM - 4PM		11/27

AREA		TIME		DATE(S)	MINIMUM MESH
6D: Skiff gill net only.	7 AM	-	7 PM	9/24, 9/25, 9/26, 9/27, 9/28, 10/1, 10/2, 10/3, 10/4, 10/5, 10/8, 10/9, 10/10, 10/11, 10/12, 10/15, 10/16, 10/17, 10/18, 10/19, 10/22, 10/23, 10/24, 10/25, 10/26	5"
Note: In Area 6D, it is unlawful to use other than 5-inch minimum and 5 1/2-inch maximum mesh in the skiff gill net fishery. It is unlawful to retain Chinook taken in Area 6D at any time, or any chum salmon taken in Area 6D prior to October 16. In Area 6D, any Chinook or chum salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.
7, 7A:	Noon	-	Midnight; Use of recovery box required	10/12, 10/17, 10/18, 10/19	6 1/4"
	Noon	-	Midnight	10/22, 10/23, 10/24, 10/25, 10/26, 10/29, 10/30, 10/31, 11/1, 11/2, 11/5, 11/6, 11/7, 11/8, 11/9, 11/12, 11/13, 11/14, 11/15, 11/16	6 1/4"
Note: In Areas 7 and 7A after September 30 but prior to October 20, coho and Chinook salmon must be released, and it is unlawful to use a net soak time of more than 45 minutes. Net soak time is defined as the time elapsed from when the first of the gill net web enters the water, until the gill net is fully retrieved from the water. Fishers must also use a recovery box in compliance with WAC 220-47-302 (5)(a) through (f).
7B/7C:	7PM	-	7AM	NIGHTLY 8/20, 8/26, 8/28, 8/30, 9/3, 9/4, 9/6	7"
	7PM	-	8AM	NIGHTLY 9/9, 9/11, 9/13	5"
7B:	6PM	-	8AM	NIGHTLY 9/16, 9/18, 9/21	5"
	7AM 9/23	-	8PM 10/27		5"
	7AM 10/28	-	8PM 11/3		6 1/4"
	7AM 11/5	-	4PM 11/9		6 1/4"
	7AM 11/12	-	4PM 11/16		6 1/4"
	7AM 11/19	-	4PM 11/23		6 1/4"
	7AM 11/26	-	4PM 11/30		6 1/4"
	8AM 12/3	-	4PM 12/7		6 1/4"
Note: That portion of Area 7B east of a line from Post Point to the flashing red light at the west entrance to Squalicum Harbor is open to gill nets using 6 1/4-inch minimum mesh beginning 12:01 AM on the last day in October and until 6:00 PM on the first Friday in December.
8:	7AM	-	7PM	11/5, 11/7, 11/9, 11/12, 11/14, 11/16, 11/19, 11/21, 11/23	6 1/4"
	7AM	-	6PM	11/26, 11/28, 11/30	6 1/4"
8A:	6PM	-	8AM	NIGHTLY 10/9	5"
	7AM	-	8PM	10/16, 10/18, 10/19	5"
	8AM	-	8PM	10/23, 10/25, 10/26, 10/29, 10/31, 11/2	6 1/4"
	7AM	-	7PM	11/6, 11/8, 11/9, 11/13, 11/15, 11/16, 11/21, 11/22, 11/23	6 1/4"
	7AM	-	6PM	11/27, 11/29, 11/30	6 1/4"
8D:	6PM	-	8AM	NIGHTLY 9/23, 9/25, 9/27, 9/30, 10/2, 10/4, 10/7, 10/9, 10/11	5"
	7AM	-	8PM	10/18, 10/19	5"
	8AM	-	8PM	10/25, 10/26, 11/1, 11/2	5"
	7AM	-	7PM	11/8, 11/9	5"
	7AM	-	7PM	11/15, 11/16, 11/21, 11/23	6 1/4"
	7AM	-	6PM	11/29, 11/30	6 1/4"
9A:	7PM	-	7AM	NIGHTLY 8/28, 8/30	5"
	6AM 9/26	-	7PM 11/3		5"
Note: It is unlawful to retain chum salmon taken in Area 9A prior to October 1, and it is unlawful to retain Chinook salmon at any time. Any salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.
12A: Skiff gill net only.	7AM	-	7PM	9/4, 9/11, 9/18, 9/25, 10/2	5"
Note: In Area 12A, it is unlawful to use other than 5-inch minimum and 5 1/2-inch maximum mesh in the skiff gill net fishery. It is unlawful to retain Chinook or chum salmon taken in Area 12A at any time, and any salmon required to be released must be removed from the net by cutting the meshes ensnaring the fish.
12, 12B:	8AM	-	8PM	10/24, 10/25, 10/30, 11/1, 11/2	6 1/4"
	7AM	-	7PM	11/7, 11/8, 11/14, 11/15, 11/20	6 1/4"
12C:	7AM	-	7PM	11/13, 11/15, 11/20, 11/22	6 1/4"
	7AM	-	6PM	11/26, 11/27	6 1/4"
All other saltwater and freshwater areas - closed.
	Nightly openings refer to the start date.
	Within an area or areas, a mesh size restriction remains in effect from the first date indicated until a mesh size change is shown, and the new mesh size restriction remains in effect until changed.

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